Friday, October 28, 2011
Legal authority for what we already knew:
A.B.A.T.E. of Ill., Inc. v. Quinn
By Alyssa M. Reiter, Williams Montgomery & John Ltd.
This case concerned issues of legislative authority regarding an amendment to the Cycle
Rider Safety Training Act. In 1993, the legislature amended the Cycle Rider Safety Training Fund (CRSTF) from a special fund inside the state treasury to a “trust fundoutside of the State treasury.” The appeal considered what effect this amendment had on the legislature’s authority to order the transfer of funds out of the CRSTF and into the General Revenue Fund (GRF). The issues included whether the transfer of funds out of the CRSTF amounted to an unconstitutional “taking” of private property without just compensation and whether, in order to transfer funds out of the CRSTF, the legislature had to first amend the CRST Act. The appellate court held that the removal of funds from the CRSTF was not an unconstitutional taking and that the legislature had the authority to order a transfer of funds out of the CRSTF and into the GRF. The Supreme Court affirmed.
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